D70 employees found not guilty during ethics hearing

Rick Kambic / Pioneer Press

Don Morrison, right, chair of the Libertyville School District 70 Ethics Commission, officiates a July 20, 2017, hearing where resident John Gordon and three accused employees exchanged information and made arguments.

Don Morrison, right, chair of the Libertyville School District 70 Ethics Commission, officiates a July 20, 2017, hearing where resident John Gordon and three accused employees exchanged information and made arguments.

A Libertyville School District 70 Ethics Commission ruled July 20 that three employees did not engage in political actions that violate district policy.

The decision comes after ethics complaints were made by Libertyville resident Josh Gordon, who unsuccessfully ran for the school board in April. Gordon filed his first letter on April 21 and submitted an addendum on May 16.

Gordon's original complaints, which were acquired under the Freedom of Information Act, claim the school board president, superintendent and teachers union president violated district prohibitions against political activities and used district email accounts for political activities.

"We have a great community and we want to preserve that great community, but we can't be scared to ask the tough questions," Gordon said during the hearing. "A lot of times those questions go unanswered and we have to hold people in leadership positions accountable."

Commissioners during a June 20 exploratory session cleared School Board President Tom Vickers, who was accused of being complacent when notified of ethics concerns and of being involved with union endorsement proceedings.

On July 20, the commission sorted through evidence, testimony and arguments from both Gordon and the three employees.

The employees were identified as Superintendent Guy Schumacher; Cheryl Crenshaw, the teachers union president and a first-grade teacher at Rockland School; and Robin Kollman, the district's public relations facilitator.

Commissioner Chris Kennedy, who is the only current school board member on the three-person panel, suggested that some of the issues addressed in the complaints could be considered when revising district policy and negotiating the next teachers contract.

"Even though there's clearly no violations of state law or board policy, I think we should still hold ourselves to a standard where we avoid the appearance of being improper or playing favorites," Kennedy said. "So if a candidate for office gets up at a meeting and grandstands we shouldn't reward them for it and we shouldn't have any emails out there that can be forwarded and misconstrued."

The other members of the commission were Don Morrison, a district resident and a former prosecutor, and former school board member Laura Beltchenko.

The district policy that the commission reviewed states in part, "No employee shall intentionally perform any prohibited political activity during any compensated time. No board member or employee shall intentionally use any property or resources of the district in connection with any prohibited political activity."

The policy's 15-point definition of prohibited political activity includes "preparing or reviewing responses to candidate questionnaires" and actions involving "soliciting votes on behalf of a candidate for elective office."

While defending herself, Crenshaw presented her union contract and referenced a portion that allows her to use district email to make announcements regarding the association's business "so long as this procedure does not interfere with normal conduct of school business."

Jeff Knapp, principal of Rockland School, submitted a letter in support of Crenshaw. He said her role as union president has helped her grow as a professional.

"At no time have I ever felt that this responsibility has ever taken away from her main job as a first grade teacher," Knapp's letter reads.

Gordon argued that Crenshaw sending a mass email that contained an election questionnaire should be considered a violation.

When announcing the decisions, Morrison said Crenshaw's defense was valid and she was not in violation.

"I'm saddened it has come to this," Crenshaw said during the hearing. "I just completed my 22nd year at District 70 and my second year as the LEA president… Throughout the last two school years I have had to spend countless hours calming down my members and talking to members about things Josh Gordon has done, personal attacks on social media being one of them. Throughout this, I have always maintained the utmost integrity."

Kollman confirmed she was the staff member who wrote a Facebook post that Gordon claims was used to "promote school board candidate Marc Grote."

The post pictured Grote at a March school board meeting while noting his appreciation for being part of a regional training for future school board members. It also said incumbent candidates Vickers and Schilling attended the training as well, and then named the other candidates for school board.

"I was named as having not attended the training, something that could influence voters," Gordon said.

Kollman testified that she made the post because the school board is rarely thanked and she thought it would be a quick, easy post. She said she was more worried about other topics up for approval that night, and she revised the post numerous times in order to accommodate complaints before eventually removing it a few weeks after the election.

The post was cleared by a lawyer but eventually deemed a distraction by Schumacher, Kollman said.

"That Facebook post and any amendments to it did not constitute any prohibited political activity," Morrison said.

Kollman referenced her prior career as a journalist before joining the district, and said those ethics haven't gone away.

"As an almost 30-year resident of this village who has contributed in many aspects, I'm really hurt by the accusation that you think I'm being dishonest and unethical," Kollman said. "That really affects me. Yes, Mr. Gordon, laws apply to me and I have to follow them, and I think I do."

Gordon in his complaints said Schumacher, the district's superintendent, exerted his influence into the election while using district resources.

While defending himself, Schumacher said his office used to handle election petitions and some people still contact him for information. He said directing them to other resources is not political action.

"Superintendents get involved," Schumacher said. "That's what happens, that's part of the position, and we're happy to do it."

However, the commission did not mention that accusation in its ruling. Morrison only said Schumacher was not guilty of allowing, encouraging, or requiring Crenshaw and Kollman to violate district policy.

Schumacher also attempted to address the entire situation but was stopped by Morrison, who said the comments were not relevant to the hearing.

"There was absolutely no collusion here," Schumacher said. "It's so insulting it's offensive. Nobody here in these positions has that type of power."

After the hearing, Schumacher and Crenshaw declined to comment on the ruling. Kollman said, "Justice prevailed."

"I don't think that the people of Libertyville would approve of our tax dollars being used to enable special interest groups to influence our location elections," Gordon said after the hearing. "Individuals or groups can support anyone they choose, but they shouldn't be allowed to do so with tax dollars and call it official business."

Gordon said he was discouraged by the outcome of this hearing but declined comment on the prospect of filing more complaints if additional documents get released.